Can I Sue My Noisy Neighbor?

By Andrew Lu on October 1, 2012 5:48 AM

At some point, we've all been stuck with an inconsiderate, obnoxious neighbor. But when your neighbor insists on loud pumping music very late at night, every night, you may have reached the point where you're wondering whether you can sue your noisy neighbor.

The easy answer is "yes." If your neighbors' noise is bothering you and nothing you have done to resolve the situation has worked, you have every right to file a lawsuit.

But whether you have a winning lawsuit and what kind of damages you can expect will depend upon the specific facts of your case and just how noisy your neighbor really is.

Generally, to win your case, you will need to prove that there is excessive and disturbing noise and that your neighbor is the source of the noise. Next, you will probably need to show that your quiet enjoyment of your home is being disrupted and that you have previously asked the person to stop.

You will need evidence to prove your case such as copies of documents requesting that your neighbor quiet down, witnesses, and even recordings of the noise.

After gathering proof of the noise nuisance, you will need to think of what types of remedies to go after. If you just want the noise to stop, you can seek an injunction against the offending neighbor. An injunction is a court order telling your neighbor to cease and desist from making the noise.

However, if you really want your neighbor's to quiet down, you may want to consider seeking monetary damages by bringing an action in small claims court. While an injunction is a court order, truly obnoxious neighbors may ignore it until they actually suffer monetarily.

These amounts can vary wildly, of course. But if you sue a noisy neighbor, $20 to $30 in damages a day might be a starting point. If your job performance was affected (perhaps you work from home), or you cannot get sleep because of the noise, asking for $100 per day may not be unreasonable. If you considering bringing such a suit, you may want to consult with an attorney.